Japanese Knotweed and Legislation

We all have a responsibility to prevent invasive weed species spreading, especially if we own land where it’s growing. Failure to do so could result in criminal prosecution through the Wildlife and Countryside Act 1981 (WCA), resulting in fines or imprisonment. There are several components of Japanese knotweed legislation that could affect you:

Invasive Weeds & Japanese knotweed Law

Causing invasive weeds to grow…

Japanese knotweed disposal…

If you plant or cause a Schedule 9 weed to grow you may face a £20k fine or 6 months in prison. Normally, documented treatment with herbicide is enough to show adherence to the law. EPA 1990 classifies invasive plant species materials as controlled waste and puts a duty on persons producing and moving such waste. Therefore you can’t put such material in the bin, get rid of it with other waste or, fly tip it.

Annoying thy neighbour…

Treating invasive weeds…

If invasive weeds are allowed to spread and can be proved to be having a detrimental effect on others, a Private Nuissance Claim can be made or a Community Enforcement Notice can be placed on the offending land owner. That’s right, a knotweed ASBO! Herbicides come under the Control of Pesticides Regulations 1997 and COSHH regulation 2002. In particular, water pollution must be avoided and if applying chemical on or near water approval from the EA is reeded.

Selling a home with Japanese knotweed

When selling a residential property, the vendor has to declare if their property has been affected by Japanese knotweed through Form TA6. Since a property sale is a legal transaction, correctly advising buyers will avoid the legal action that often follows from a false declaration.

If any invasive weed is found on a site, it should be left undisturbed and advice should then be sought on the most appropriate method of control.

PBA Solutions is an Environment Agency licensed waste carrier, meaning we’re able to take Japanese knotweed waste to licensed landfill sites around the UK.

If you’re looking to buy or sell a property that may be affected by Japanese knotweed, call PBA Solutions on 0203 174 2187 or email info@pba-solutions.com.

Kindly shared by PBA Solutions